E-Paper
Retirement age of college faculty: HC notice on UT plea challenging enhancement to 65
Punjab and Haryana high court has sought a response from the teachers, who had moved CAT, by July 13 and also asked as to why the tribunal order should not be stayed
The Punjab and Haryana high court has issued a notice of motion in a plea from the Chandigarh administration, challenging a Central Administrative Tribunal (CAT) order enhancing the retirement age of college faculty in city colleges from 58 to 65.
The high court has sought a response from the teachers, who had moved CAT, by July 13 and also asked as to why the tribunal order should not be stayed.
Senior advocate Chetan Mittal, who appeared for UT, said the dispute was in respect of enhancement of age claimed by the professors and teachers of the government colleges of Chandigarh from 58 to 65. CAT in March had ruled in favour of the teachers.
UT has argued that it adopted Punjab Civil Service rules in 1992 that prescribe the age of retirement as 58 and in the absence of any amendment in rules, the said age of superannuation cannot be amended.
Even the regulations of AICTE or UGC provide for a different age of superannuation. The same is not applicable ipso facto to Chandigarh. UT itself is a state for the purpose of enactment of laws pertaining to service conditions and these regulations are only applicable if it is specifically adopted by the UT, it has been argued, adding that the decision of the Union education ministry on retirement age of 65 only relates to the Centrally Funded Institutes (CFIs) and the government colleges of the Chandigarh do not fall within the definition of CFIs.
“The funds provided by the central government are through the UT, under budget allocation, and are not paid directly to the institutions to say that these are CFIs as in the case of IITs/IIMs etc,” UT has argued, adding that CAT’s decision will result in huge financial implication on the administration.